1 total
The court permitted a plaintiff to correct a corporate misnomer after the limitation period expired and dismissed the defendant's summary judgment motion.
The defendant Lumipro Inc. sought summary judgment to dismiss the action, arguing the plaintiff Maxrelco Inc. lacked standing as it was a shareholder, not the property owner, and that Lumipro was only hired for repairs, not maintenance.
Maxrelco Inc. brought a cross-motion to amend its Statement of Claim to correct a misnomer, changing the plaintiff to Maxrelco (Immeubles) Inc., the actual property owner.
The court granted Maxrelco's cross-motion, finding it was a misnomer and caused no prejudice to the defendant.
Consequently, the court dismissed Lumipro's summary judgment motion, determining there was a genuine issue requiring a trial regarding the cause of the fire and Lumipro's alleged negligence in sign repair and maintenance.
